Nance v. Hayward
Missouri Court of Appeals
Appeal from Chariton Circuit Court.— Hon. Fred Lamb, Judge. The note sued on and offered in evidence being payable to a person other than plaintiff and plaintiff having alleged in his petition that the original payee, John N. Taylor indorsed the note across the back thereof, the burden was upon plaintiff to prove the indorsement of .Taylor to plaintiff by evidence aliunde.
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Appeal from Chariton Circuit Court.— Hon. Fred Lamb, Judge. The note sued on and offered in evidence being payable to a person other than plaintiff and plaintiff having alleged in his petition that the original payee, John N. Taylor indorsed the note across the back thereof, the burden was upon plaintiff to prove the indorsement of .Taylor to plaintiff by evidence aliunde. Having failed in this be failed to prove tbe allegations of bis petition, failed to establish title to tbe note in himself and tbe demurrer should have been sustained. Reinbard et al. v. Coal Co., 25 Mo. App. 350; National…
1Opinion of the CourtJohnson, J.
This is an action on a negotiable promissory note executed and delivered by defendants to John N. Taylor. Tbe petition alleges that before maturity tbe payee delivered tbe note “to plaintiff for value received and tbe said John N. Taylor *219indorsed the same in writing across the back thereof.” The answer is merely a general denial. A jury was waived and at the trial plaintiff introduced evidence tending to show that before maturity the payee sold and delivered the note to plaintiff for value but offered no evidence to prove indorsement by the payee. The court overruled defendants’ demurrer to…
2Cases cited11 opinions
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
- First National Bank v. StanleyMissouri Court of Appeals · 1891
- Dunlap v. KellyMissouri Court of Appeals · 1904
- E. U. Hugumin & Co. v. HindsMissouri Court of Appeals · 1902
- Worrell v. RobertsMissouri Court of Appeals · 1894
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3Cited by5 opinions
- John Deere Co. of St. Louis v. DavisMissouri Court of Appeals · 1960
- Securities Investment Co. v. HicksMissouri Court of Appeals · 1969
- Bank of Bernie v. BladesMissouri Court of Appeals · 1923
- Fitzgibbon Discount Corp. v. WindischMissouri Court of Appeals · 1954
- Williams v. SchmeltzMissouri Court of Appeals · 1929